Common use of Terms & Provisions Clause in Contracts

Terms & Provisions. The terms regarding the quantity, quality, packaging quality and prices of products and the time limit for their delivery in consigned processing contracts shall be implemented in accordance with the following provisions: (1) The product quantity term shall be concluded between the ordering party and contractor through consultation. The method of measuring product quantity shall be governed by the provisions of the State; in the absence of such provisions, a method agreed upon by the supplying and purchasing parties shall be applied. (2) The product quality and packaging quality shall be concluded in accordance with the standard which may not be lower than the State mandatory standards or the trade mandatory standards. The contractor must be responsible for the product quality and packaging quality and provide the technical data or samples necessary for inspection. The methods of ascertaining product quality through inspection and quarantine shall be carried out in accordance with the relevant provisions approved by the State Council; in the absence of such provisions, the parties shall determine the methods through consultation. (3) The product price term shall, except where the State provides that the State-fixed prices must be followed, be determined by the parties through consultation. In cases where a product is to be supplied on the basis of the State-fixed price, if the said price is readjusted before the time limit for delivery as provided in the contract, the payment shall be calculated according to the price at the time of delivery. If the delivery is delayed and the price has risen, the original price shall be adopted; if the price has dropped, the new price shall be adopted. In the event of delay in taking delivery of goods or late payment, if the price has risen, the new price shall be adopted; if the price has dropped, the original price shall be adopted. (4) The time limit for delivery (or taking delivery) of the goods shall be carried out in accordance with the stipulations in the contract. If any party requests advancement or extension of the time limit for delivery (or taking delivery) of the goods, it shall reach an agreement with the other party beforehand, and implement it accordingly.

Terms & Provisions. The terms regarding the quantity, quality, packaging quality and prices of products and the time limit for their delivery in consigned processing contracts shall be implemented in accordance with the following provisions: (1) The product quantity term shall be concluded between the ordering party and contractor through consultation. The method of measuring product quantity shall be governed by the provisions of the State; in the absence of such provisions, a method agreed upon by the supplying and purchasing parties shall be applied. (2) The product quality and packaging quality shall be concluded in accordance with the standard which may not be lower than the State mandatory standards or the trade mandatory standards. The contractor must be responsible for the product quality and packaging quality and provide the technical data or samples necessary for inspection. The methods of ascertaining product quality through inspection and quarantine shall be carried out in accordance with the relevant provisions approved by the State Council; in the absence of such provisions, the parties shall determine the methods through consultation. (3) The product price term shall, except where the State provides that the State-fixed prices must be followed, be determined by the parties through consultation. In cases where a product is to be supplied on the basis of the State-fixed price, if the said price is readjusted before the time limit for delivery as provided in the contract, the payment shall be calculated according to the price at the time of delivery. If the delivery is delayed and the price has risen, the original price shall be adopted; if the price has dropped, the new price shall be adopted. In the event of delay in taking delivery of goods or late payment, if the price has risen, the new price shall be adopted; if the price has dropped, the original price shall be adopted. (4) The time limit for delivery (( or taking deliverydelivery ) of the goods shall be carried out in accordance with the stipulations in the contract. If any party requests advancement or extension of the time limit for delivery (( or taking deliverydelivery ) of the goods, it shall reach an agreement with the other party beforehand, and implement it accordingly.